(영문) 부산지방법원 2017.05.11 2017노705 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.05.11 2017노705

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (one year of imprisonment) is too unreasonable.

(b) The sentence against the prosecutor’s defendant is too unhued and unreasonable;

2. The judgment of the court below is that the defendant received goods from the victims who were in a transactional relationship even though the defendant had no means to repay, and did not pay the amount of the goods. In light of the content of the crime and the amount of fraud, the criminal liability is heavy, and the defendant did not agree with the victims, and the circumstances that are disadvantageous to the defendant are recognized.

However, the circumstances favorable to the defendant are also recognized, such as the fact that the defendant led to the confession of the crime of this case and reflects the mistake in depth, that the defendant paid the victims a monthly amount of KRW 400,000 per month and KRW 20,000 per month before the defendant is detained, making efforts to recover the damage, and that the defendant was an initial criminal without criminal punishment.

On the other hand, in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, it is reasonable to respect the determination of sentencing in cases where there exists an area unique to the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), and the unfavorable or favorable circumstances against the recognized accused do not constitute a special change in circumstances that can change the sentence of the lower court after the sentence of the lower court.

In addition, the court below’s sentencing takes place within the reasonable scope of discretion when considering all the circumstances forming the conditions for sentencing as shown in the argument of this case, such as Defendant’s age, sex, environment, etc. as well as the court below’s sentencing is appropriate, and it is not acknowledged that the Defendant’s punishment is too heavy as alleged by the Defendant, or that it is unfair because it is too unfasible as the

3. Conclusion, the defendant and the prosecutor.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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